How long do we need to wait to file a mechanic's lien in California?

A mechanic's lien can be filed after a contractor has performed all of its obligations on a project... (more below)


QUESTION: How long do we need to wait to file a mechanic's lien in California? In December we did work for a contractor in southern California with the understand that we would be paid within 20 days. We have not been paid and the gentleman keeps giving us the run around. Since the job was prelimed how long do we need to wait?

Thank you

Nora

ANSWER: A mechanic's lien can be filed after a contractor has performed all of its obligations on a project and must be filed before a deadline that will never be earlier than 30 days after the entire work of improvement is completed or 90 days after work ceases on the project before it is completed.

Click here for more information on the California Mechanic's Lien form (with all of the newly required documents under the new 2011 law)

Thank you to Dave Barnier for the above response. :) Mr. Barnier is a practicing litigation attorney with Barker Olmsted & Barnier in San Diego CA and can be reached at 619.682.4842. Dave invites our California readers to submit their own questions for an answer free of charge.

The information in this article is based upon California law and is provided for general information, only. The information provided illustrates laws and legal principals in general. Any information or analysis presented in this article is intended solely to educate the reader on general issues. A comprehensive review of facts, documents, and applicable laws is always required before any attorney can competently provide any legal advice regarding any particular situation. In short: Please do not rely on any part of this article when analyzing any specific situation affecting you or your business. Please do consult a construction attorney (why not contact Dave since he's already familiar with this question) to obtain professional advice for your specific situation.


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